Monday, September 20, 2021

Jamie Snow; Illinois; Bulletin: More fodder for the Charles Smith Blog in this case that goes back to 1991 as Jamie Snow gets back to court to fight for DNA testing - and access to more than 8000 pages of documents relating to his 2001 conviction. All my instincts tell me that thiis promises to be an important case to follow. Stay tuned. HL..."Little was shot to death on Easter Sunday in 1991 as he worked behind the counter at a now-closed gas station near downtown Bloomington. Snows has maintained his innocence in Little’s killing. In his petition, Snow has claimed state witnesses have changed or recanted their testimony since the trial. He also argues he was denied a fair trial because his lawyers, Frank Picl and G. Patrick Riley, who was later disbarred, were ineffective when they represented him."


STORY: "Jamie Snow gets first hearing in a decade in  push for exoneration," NPR at Illinois State University (Reporter Edith Brady-Lunny) reports.

GIST: "Lawyers for Jamie Snow and the state agreed Monday that both sides need more time to discuss issues related to more than 8,000 pages of documents linked to his 2001 conviction on murder charges in the shooting death of William Little.

The review of records and exhibits was ordered in March by Schuyler County Judge Ramon Escapa at Snow’s first hearing in a decade on his petition seeking exoneration on the murder charges. Snow’s case was moved to the 8th Judicial Circuit because of judicial conflicts in McLean County where Snow was convicted nine years after the slaying.

Snow’s lawyer, Lauren Myerscough-Mueller with the Exoneration Project, told the judge she and McLean County First Assistant State's Attorney Brad Rigdon have discussed the records, but “there’s a couple of outstanding issues we're still working on.”

Rigdon confirmed he has looked through Snow's files.

The defense and state are negotiating which records the defense is entitled to use as part of Snow’s case. A motion also is pending on DNA testing of evidence.

Snow, now 55, attended the hearing via Zoom from a room at Stateville Correctional Center.

Little was shot to death on Easter Sunday in 1991 as he worked behind the counter at a now-closed gas station near downtown Bloomington.

Snows has maintained his innocence in Little’s killing. In his petition, Snow has claimed state witnesses have changed or recanted their testimony since the trial. He also argues he was denied a fair trial because his lawyers, Frank Picl and G. Patrick Riley, who was later disbarred, were ineffective when they represented him.

The next hearing is set for July 12 when lawyers are expected to disclose if an agreement has been reached on the records, or if a hearing is needed to resolve the issues."

The entire story can be read at:

jamie-snow-gets-first-hearing-in-over-a-decade-in-push-for-exoneration

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UPDATE: (September 8, 2021; GOOD  (WELCOME) NEWS FOR JAMIE SNOW:  

WGLT reports that the court has ruled in Jamie Snow's favour on his application for record access as reported by Edith Brady-Lunny on September 8, 2021, as follows. (At the link below)..."Lawyers for Jamie Snow must be given access to thousands of pages of police reports related to Snow’s conviction in the 1991 murder of a Bloomington gas station worker, a judge ruled Wednesday.

Snow, 55, attended the hearing in McLean County court — his first in-person hearing in more than a decade on his petition to secure DNA testing on evidence related to his conviction of killing William Little during an armed robbery. Snow is serving a life sentence on murder charges.

Snow’s lawyer, Lauren Myerscough-Mueller, with the Exoneration Project, argued the police records contain information that could have a significant impact on Snow’s case. The reports include information on alternate suspects, confessions by others to the crime, and statements from witnesses whose recollections contradict testimony from others, according to Snow’s counsel.

Calling the need to request documents normally accessible to the defense “somewhat absurd,” Myerscough-Mueller said “there's no other way for us to get these documents.”

The normal channel for providing information to defense lawyers working on a defendant’s post-conviction petition broke down when one of Snow’s former lawyers went to prison and another died. Efforts by the Exoneration Project to obtain records from the state have been a lengthy process, spanning more than 15 years.

In July, Schuyler County Judge Ramon Escapa ordered the state to turn over the records to the defense for review. The case was moved to the 8th Judicial Circuit because of judicial conflicts in the 11th Judicial Circuit that includes McLean County.

First Assistant State's Attorney Brad Rigdon argued the defense has received the materials related to the DNA motion. Other documents contained in 11 PDF files are outside the scope of an initial subpoena sent to Bloomington Police and the Illinois State Police, said Rigdon.

The expansive materials were given as result of what the judge described as “a dump" of information by BPD related to Snow's case that far exceeded the subpoena request.

When asked by the judge if the materials contained any evidence that may not have been turned over during Snow's trial, Rigdon said he was uncertain if all the materials were available to Snow's previous legal team.

In his ruling giving the defense access to the materials, Escapa noted that parts of the 9,000 pages “would probably prove or disprove a lot of things for the state and the defense.”

Rigdon declined comment after the hearing.

Myerscough-Mueller told WGLT the information “will allow us to further investigate and follow different avenues to look at the credibility of witnesses. It could also speak further to our DNA motion.”

The defense is seeking DNA testing on 10 items related to fingerprint evidence.

An audience of Snow supporters packed the hearing, including several of his children. When he arrived in the courtroom, Snow waved to supporters and blew an air kiss from behind his mask to his close friend Tammy Alexander. The crowd applauded the judge’s decision.

A Nov. 10 hearing is scheduled to review the state's progress in turning over the records. The judge noted that redactions may be necessary from certain documents.

Before being escorted from the courtroom, Snow thanked the judge. “I appreciate your ruling today,” he said."

https://www.wglt.org/local-news/2021-09-08/judge-rules-in-jamie-snows-favor-for-records-access

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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;